Sec. 55630 - Terms and Conditions

§ 55630. Terms and Conditions

Each contract shall expressly include but not be limited to, the following provisions:

(a) The governing board of the community college district has determined, by resolution, the appropriateness of offering the program through a contract with a contractor pursuant to Education Code section 78015.

(b) Methods for identifying eligible costs and payment procedures for compliance with section 55602.

(c) Procedures, terms and conditions relating to:

(1) enrollment period;

(2) transfer of students between the community college district and contractor;

(3) number of class hours sufficient to meet the stated performance objectives;

(4) supervision and evaluation of students; and

(5) withdrawal of students prior to completion of a course or program.

(d) A description of the ancillary and support services which the district and the contractor will provide for the students including, but not limited to:

(1) counseling and guidance; and

(2) placement assistance.

(e) Provisions ensuring that instruction will be provided under the immediate supervision and control of qualified faculty of the district.

(f) Performance objectives for each instructional area and the requirement for a report by the contractor regarding accomplishment of the objectives at the end of each contract period.

(g) A requirement that the contractor maintain records of student attendance and achievement and provide such records to the community college district upon request or according to a specified schedule.

(h) Terms and conditions relating to cancellation and termination of the contract.

(i) A certification that the contractor is in compliance with title VI and VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq. and 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.), section 504 of the federal Vocational Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Age Discrimination Act (42 U.S.C. § 6101), the U.S. Presidential Executive Order 11246 and subsequent amendments (if applicable), California Fair Employment and Housing Act (Gov. Code, §§ 12900 et seq.), the California Unruh Civil Rights Act (Civ. Code, §§ 51-53), and all applicable state and federal health and safety regulations.

(j) A requirement that the contractor provide, when required by law and at the contractor's own expense, workers' compensation insurance coverage for any student.

(k) A certification that the contractor provides indemnity and defense for the state and the community college district and their respective officers and employees, against any and all claims and liability for death, injury, loss and damage arising out of, or in any manner connected with, the performance of the contract. Such indemnity and defense shall be provided by an appropriate hold harmless clause and a policy of liability insurance coverage, the cost of which is to be borne by the contractor. Such policy shall name the Board of Governors of the California Community Colleges, the State and the community college district, along with their respective officers and employees as additional insureds.

(l) Minimum qualifications established by subchapter 4 (commencing with section 53400) of chapter 4 apply to persons who provide instruction under contracts entered into pursuant to Education Code section 8092.5, except that a district contracting for instruction under section58058(b) may substitute a valid certificate to work or license to practice in the neighboring state for a certificate to work or license to practice in California under section 53417.

(1. Repealer and new section filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18). 2. Amendment filed 3-4-91 by Board of Governors of California Community Colleges with the Secretary of State; operative 4-5-91 (Register 91, No. 23). Submitted to OAL for printing only pursuant to Education Code Section 70901.5(b). 3. Editorial correction of History 2 (Register 95, No. 22). 4. Amendment of subsections (b), (i) and (k), new subsection (l) and amendment of Note filed 3-15-2006; operative 4-14-2006. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2006, No. 17). 5. Amendment filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).)

Note: Authority cited: Sections 8090, 66700, 70901 and 71024, Education Code. Reference: Chapter 1, Article 5 (commencing with Section8090), Division 1 and Section 70901, Education Code.

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